EC Law

According to EC law, Gary Slapel points out as follows. (Slapper`99 P. 33) Therefore, from all practical point of view, legislation, enforcement and judicial power of the UK are controlled and operated mainly by the legal framework of the European Community. Currently, with regard to issues such as human rights and employment rights, British judges are increasingly paying more attention to EU law problems and principles.

Domestic law Under the above provisions, the laws of the European Community, especially directives and the European Convention on Human Rights are the most important for most European Union and EEA countries. On 4th November 2000, all countries adopted the fourth preamble of the Roman.58 preamble by changing domestic equality law to Protocol No. 57, No. 12 of the European Convention on Human Rights. In the first sense equality requires that the case should not be handled differently and that different cases should not be treated the same, unless there is a good reason. In other words, if the treatment of the two categories is different, the first problem is whether related categories are similar. Otherwise, then there is no problem dealing with them differently. If so, the problem is whether the treatment difference is reasonable.

In some cases community law should be applied if there is a contradiction between national law and EC law and the domestic court should not declare that EC law will not apply. The role of the European Court of Justice is to resolve this situation through case law. EC Article 234 The EC contains procedures that the national court should use in filing cases in the European Court for preliminary judgment. The European Judiciary Court must comply with a wide range of jurisdiction requirements to make interim decisions. However, if the European Court does not consider Community law with respect to these incidents, it may refuse to accept preliminary references.

A domestic judge submits a provisional reference to the European Court if the domestic judge objected to the effectiveness and applicability of the EC Law or where the application of the EU law is deemed illegal We are obliged to. However, domestic judges do not have the right to declare the EC Act as invalid or illegal. This is because if the provision of the European Community Act is declared illegal, the application must be declared invalid throughout the EU. Therefore, it is unacceptable to declare that the provisions of the European Community Act are invalid in certain Member States; it is effective in other Member States, but there are no conflicts or contradictions with national law.